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2008-136
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2008-136
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Last modified
4/1/2016 1:09:38 PM
Creation date
10/1/2015 12:08:45 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/06/2008
Control Number
2008-136
Agenda Item Number
8.F.
Entity Name
Expertech Network Installation of Plantation
Subject
SR 60 Utility Improvements
Area
Indian Creek Blvd. to 66th. Ave.
Project Number
3026
Supplemental fields
SmeadsoftID
7002
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1 . Clean up project area . <br /> 2. Remove all equipment and material from project site. <br /> 3. Perform contract closeout procedures . <br /> Completion of all tasks outlined above (i . e . , Subparagraphs a , b, and c) constitute Final <br /> Completion . <br /> 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the <br /> essence of this Agreement and that OWNER will suffer financial loss if the work is not <br /> completed within the times specified in Paragraph 3 . 1 above, plus any extensions thereof <br /> allowed in accordance with Article 12 of the General Conditions. They also recognize the <br /> delays, expense and difficulties involved in proving in a legal proceeding the actual loss <br /> suffered by OWNER if the work is not completed on time. Accordingly, instead of <br /> requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages <br /> for delay (but not as a penalty) CONTRACTOR shall pay OWNER four-hundred and fifty <br /> dollars ($450.00) for each day that expires after the time specified in Paragraph 3 . 1 for <br /> Substantial Completion , if CONTRACTOR shall neglect, refuse or fail to complete the <br /> remaining work within the Contract Time or any proper extension thereof granted by <br /> OWNER, CONTRACTOR shall pay OWNER four-hundred and fifty dollars ($450. 00) for <br /> each day that expires after the time specified in Paragraph 3 . 1 for completion and <br /> readiness for final payment. <br /> ARTICLE 4 CONTRACT PRICE <br /> 4 . 1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the <br /> Contract Documents in current funds in the amount of $1 ,381 , 130.03. <br /> ARTICLE 5 PAYMENT PROCEDURES <br /> CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the <br /> General Conditions . Applications for Payment will be processed by ENGINEER as provided in the <br /> General Conditions and the Contract Documents. <br /> 5. 1 Progress Payments . The OWNER shall make progress payments to the CONTRACTOR <br /> on the basis of the approved partial payment request as recommended by ENGINEER in <br /> accordance with the provisions of the Local Government Prompt Payment Act, Florida <br /> Statutes section 218. 70 et. seq . The OWNER shall retain ten percent ( 10% ) of the <br /> payment amounts due to the CONTRACTOR until fifty percent (50% ) completion of the <br /> work. After fifty percent (50% ) completion of the work is attained as certified to OWNER by <br /> ENGINEER in writing , OWNER shall retain five percent (5% ) of the payment amount due <br /> to CONTRACTOR until final completion and acceptance of all work to be performed by <br /> CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section <br /> 218. 735(8)(b), fifty percent (50%) completion means the point at which the County as <br /> OWNER has expended fifty percent (50% ) of the total cost of the construction services <br /> work purchased under the Contract Documents , together with all costs associated with <br /> existing change orders and other additions or modifications to the construction services <br /> work provided under the Contract Documents. <br /> 5. 2 Pay Requests. Each request for a progress payment shall be submitted on the application <br /> 00530-3 <br /> F:\Utilities\UTILITY - ENGINEERING\Projects - Utility Construction Permits\IRC - SR 60 66th Ave. to 82nd Ave. Utility Conflict <br /> Resolutions UCP#3020A1 - 00530 COMPLETED Agreement between Owner Contractor Rev 061807.doc <br />
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